The long anticipated launch of the points based system arrived on 29 February 2008 starting with introduction of Tier 1 replacing the HSMP scheme. The changes are being introduced in a phased manner, but what does this actually mean for the individual applying?

The Facts:

• The Tier 1 launched on 29 Feb 08 for all in-country applications.
• Out of country applications will launch in India in April 08.
• Rest of the world out of country applications will launch after India currently planned for June 08.

How does it influence you? If you are a work permit holder in the UK and want to change to Tier 1 then you are able to do so in-country and do not need to leave the UK for entry clearance. The time on both Tier 1 and work permits can still be added together to make up the period to qualify for Indefinite Leave to Remain.

If you have a Two Year Working Holiday Maker visa and are currently in the UK you cannot apply for the Tier 1 in-country, you need to apply out-of-country for an HSMP. Once the Tier 1 launches for the rest of the world the current HSMP scheme will cease to exist.

If you are currently in the UK as an HSMP holder and need to extend your HSMP stay, you now have to apply for an extension under Tier 1. The period granted for Tier 1 is an initial 3 years, followed with a 2-year extension. This is different to the HSMP that was initially granted for 2 years and then a 3-year extension application.

There are two new categories in Tier 1 that also score points, the Maintenance and the English Language requirements. Under maintenance you will need to show that you have a certain amount of money available in your account for the last 3 months.

Dependents need to be a visa dependent on the Tier 1 for a period of 2 years in order to qualify for Indefinite Leave to Remain with the main applicant.